Subsec. Please try again. L. 99570, 1003(a)(2), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $25,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual for a fine of not more than $50,000. See the Possession for Personal Use section for further penalty details. Subsec. Sell or Intent to Distribute (First Offense) Imprisonment for not less than one nor more than ten years. https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-211/, Read this complete Alabama Code Title 13A. (h)(2). Subsec. Subsec. See 1984 Amendment note and Effective Date of 1984 Amendment note below. or possesses precursor substances . Pub. . However, these charges often come about when the police find evidence that you intended to sell or distribute the substance. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. 8 - 28 grams of 3-methylenedioxy amphetamine or 4-methylenedioxy amphetamine. This change prevents inappropriate and inconsistent charging practices. Alabama Code 13A-12-211 states that an individual can be charged with possession with intent to sell if he or she is found to be in possession of: 8 - 28 grams of cocaine. Pub. The sale to a minor is a Class A felony which is punishable by a sentence of 10 years-life imprisonment and a maximum fine of $60,000. Any person who knowingly or intentionally violates this subsection shall be sentenced in accordance with subsection (b). Pub. Possession of a controlled substance isn't necessarily a crime. the amount authorized in accordance with this section; the amount authorized in accordance with the provisions of title 18; $500,000 if the defendant is an individual; or. Under PA law, the minimum amounts that will allow for this inference are: 2 pounds of marijuana. Possession with the intent to distribute can be defined according to the Ohio Revised Code ( ORC 2925.03) as any individual who knowingly engages in either of the following: Sells or offers to sell a controlled substance; Prepares for shipment, ships, transports, delivers, prepares for distribution, or distributes a controlled substance, when . Contact us. (b)(1). Sexual extortion. For a fourth degree crime of this nature, an individual faces up to 18 months in prison and a $10,000 fine ($25,000 for Schedule V CDS). containing Fentanyl or any synthetic controlled substance Fentanyl or any synthetic for any thing of pecuniary value. to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. Possession, Manufacture, Transport, or Distribution of Detonator, Explosive, Poison Gas, or Hoax Device While Under Indictment or Prior Felony Conviction [13A-10-195(a)] (b)(1)(A)(iii). You dont have to go through the criminal court process alone. The first element, possession, is not limited to having the illegal drugs in a pocket or knapsack. L. 98473, 503(b)(1), inserted reference to section 845a of this title in provisions preceding par. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Article 9. (b)(1)(B). (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. (a), (b)(1), (c)(1), (2), (f)(1), (g)(1), and (h)(1), (3)(A)(i), was in the original this title, meaning title II of Pub. Pub. Pub. (E). This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables. Amendment by Pub. Email us at blog@skierlaw.com or call (334) 263-4105 so that we can discuss the specific facts of your case. Amendment by Pub. Pub. Criminal Code 13A-12-211 - last updated January 01, 2019 (f) and (g). in any amount with the intent to unlawfully manufacture a controlled substance.. " (1) The possession of the controlled substance is at the direction or with the express authorization of the prescription holder. If you have been charged with possession with intent to distribute, you will need a strong advocate on your side. L. 106172, 9, redesignated subsecs. (B) read as follows: In the case of a controlled substance in schedule I or II except as provided in subparagraphs (A) and (C),, such person shall be sentenced to a term of imprisonment of not more than 15 years, a fine of not more than $125,000, or both. For drugs classified as a Schedule I or Schedule II substance, possession with intent to distribute is charged as a second-degree felony. A second or subsequent violation of this subdivision is a Class C felony if the Subsec. Subsec. Third offense or subsequent offenses attract 10-30 years' incarceration or a monetary fine not exceeding $50,000. L. 103322, 180201(b)(2)(A), inserted 849, before 859, in introductory provisions. L. 98473, 224(a), were redesignated as pars. L. 101647, 1002(e)(1), substituted section 859, 860, or 861 for section 845, 845a, or 845b in introductory provisions. Subsec. (g). The manufacturing of a controlled substance under Schedules I. (b)(1)(D). However, to have possession, generally the suspect must know that the drugs are present. Visit our attorney directory to find a lawyer near you who can help. Alabama Code 13A-12-211 (2019) - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. Pub. (a)(1) It shall be unlawful for any person to knowingly distribute, possess with intent Possession of any amount is a felony with a punishment of between one and 10 years in prison and $15,000 in potential fines. Pub. L. 104237, 206(a), inserted manufacture, exportation, after distribution, and struck out regulated after engaging in any. That is punishable by up to five years in prisonand includes fines of up to $10,000. If you have been charged with drug possession or distribution in GA, contact an experienced Drug Crimes Defense Lawyer to protect your rights and lessen your penalties. Any person who violates this subsection shall be guilty of a Class C felony. , Alaska: Supreme Court Orders Prior Cannabis Convictions to Be Sealed From Public View, Oklahoma: Voters Days Away from Deciding Adult-Use Marijuana Legalization Measure, Within 3 mile radius of a school or a public housing project, Use or possession of paraphernalia with intent to use, Use, deliver, or sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, or to possess with intent to use, drug paraphernalia to manufacture a controlled substance**, Delivery or sale to a minor at least 3 years junior. Subsec. designed or marketed as useful primarily for the stimulation of human genital organs L. 91513, set out as a note under section 801 of this title. Obviously, this is the kind of charge you want to fight and fight hard. Pub. L. 99570, 1005(a), amended Pub. (d). Subsec. (b), are set out in section 812(c) of this title. L. 101647, 1202, substituted or 1 kilogram or more of a mixture or substance containing a detectable amount of methamphetamine for or 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. L. 99570, 1005(a), struck out subsec. 5 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 5 years and not more than 40 years and if death or, Except as provided in subparagraphs (C) and (D), in the case of any, If any person commits such a violation after a prior conviction for a. L. 98473, 503(b)(2), inserted reference to section 845a of this title in two places. Chapter 12 - OFFENSES AGAINST PUBLIC HEALTH AND MORALS, Division 2 - DRUG POSSESSION AND SALE OFFENSES, Section 13A-12-211 - Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance, Section 13A-12-212 - Unlawful possession or receipt of controlled substances. Pub. 1236. Possession with intent to distribute in Texas is a very serious charge. possess with intent to distribute, or offer or agree to distribute, for the purpose | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture Unlawful distribution of controlled substances is a Class B felony and the possible sentence is 2-20 years. Pub. Subsec. (A) as (B), substituted except as provided in subparagraphs (A) and (C), for which is a narcotic drug, $125,000 for $25,000, and $250,000 for $50,000, and inserted references to laws of a State and a foreign country. for not more than one year. A person whose special parole term has been revoked may be required to serve all or part of the remainder of the new term of imprisonment. Additional Sexual Offenses. Under this element, the government must prove that the person possessing the drugs was planning to sell or otherwise distribute them. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. L. 99570, 1003(a)(3), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $100,000 if the defendant is an individual or $250,000 if the defendant is other than an individual for a fine of not more than $10,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $200,000 if the defendant is an individual or $500,000 if the defendant is other than an individual for a fine of not more than $20,000. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (c) which read as follows: A special parole term imposed under this section or section 845, 845a, or 845b of this title may be revoked if its terms and conditions are violated. (1) and (2), respectively. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. If your possession with intent to distribute charge involved a drug other than those outlined above, you can be charged with a Class C felony. What Does Possession with Intent to Distribute Mean? L. 99570, 1003(a)(4), which directed the substitution of 1(D) for 1(C) was executed by substituting (1)(D) for (1)(C) as the probable intent of Congress. Penalty for distribution or possession with intent to distribute narcotic drugs listed in Schedule I; possession of marijuana, synthetic cannabinoids, and heroin A. (b)(6). L. 104305, 2(b)(1)(B), inserted or 30 milligrams of flunitrazepam, after schedule III,. Cite this article: FindLaw.com - Alabama Code Title 13A. Simple possession can carry fines of between $30 and $20,000 depending on the drug and the state one is being charged in. Alabama law makes it illegal for an individual to possess any obscene material that contains a depiction under the age of seventeen engaged in any act designed to arouse sexual pleasure. Every state criminalizes driving under the influence of a controlled substance. L. 98473 set out as an Effective Date note under section 3551 of Title 18, Crimes and Criminal Procedure) was repealed by Pub. (a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. (b) Unlawful distribution of controlled substances is a Class B felony. Schedules I, II, III, IV, and V, referred to in subsec. The email address cannot be subscribed. (e). L. 106172, 3(b)(1)(A), inserted gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act of 2000), after schedule I or II, in first sentence. The Attorney General is authorized to promulgate regulations for record-keeping and reporting by persons handling 1,4butanediol in order to implement and enforce the provisions of this section. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. Sale of a controlled substance in Alabama is a Class B felony punishable with a minimum sentence of 2 years and a maximum sentence of 20 years, along with a maximum fine of $30,000. (b)(1)(A). (b)(1)(A). Some jurisdictions also impose additional per se laws. second or subsequent violation occurs after a conviction has been obtained for a previous this Section. Unlawful possession of a controlled substance is a Class D felony and the sentence cannot be for more than 5 years and cannot be for less than 1 year and 1 day. Pub. (b)(7). Overview on Drug Distribution Charges in Alabama Defining Drug Distribution Under State Law. (C). Pub. Possession with intent charges are serious situations and require a well-crafted, energetic defense for success. This site is protected by reCAPTCHA and the Google, There is a newer version (5) More than eight grams, but less than 28 grams, of amphetamine or any mixture containing than ten thousand dollars ($10,000) nor more than fifty thousand dollars ($50,000). Trafficking 100 pounds to less than 500 pounds is a felony with a minimum sentence of five years incarceration and a fine of $50,000. Pub. (a) (1) It shall be unlawful for any person to knowingly distribute, possess with intent to distribute, or offer or agree to distribute any obscene material or any device designed or marketed as useful primarily for the stimulation of human genital organs for any thing of pecuniary value. Importantly, one does not need to be paid in order to be convicted under this law. Subsec. Possession with intent to Distribute Drugs2C:35-5, Sale a of Controlled Dangerous Substance. Hashish and other marijuana concentrates are illegal in Alabama. L. 91513, Oct. 27, 1970, 84 Stat. Possession of a Schedule I substance is a Class D felony. Distribution, possession with intent to distribute, production, etc., of obscene material prohibited; penalties; distribution of fines This subchapter, referred to in subsecs. . possesses any of the following quantities of a controlled substance: (1) More than eight grams, but less than 28 grams, of cocaine or of any mixture containing To fully understand this crime, it helps to break it into two parts: (1) the possession of the drugs, and (2) the intent to distribute them. UNLAWFUL DISTRIBUTION OF CONTROLLED SUBSTANCES; POSSESSION WITH INTENT TO DISTRIBUTE A CONTROLLED SUBSTANCE Code of Alabama Section 13A-12-211, Someone commits the crime of unlawful distribution of controlled substances if he or she sells, furnishes, gives away, delivers, or distributes a controlled substance.. 1980Subsec. . All rights reserved. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. and may also be imprisoned in the county jail or sentenced to hard labor for the county Manufacturing concentrates is also a felony, punishable by between 2 years and life in prison, and up to $60,000 in fines. Learn more about FindLaws newsletters, including our terms of use and privacy policy. You can explore additional available newsletters here. L. 115391, title IV, 404, Dec. 21, 2018, 132 Stat. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses. (6) of this subsection. However, the related crimes ofconspiracyto possess with intent to distribute andattemptto possess with intent to distribute might be available to authorities in that example. Subsec. L. 111220, 4(a)(1), in concluding provisions, substituted $10,000,000 for $4,000,000, $50,000,000 for $10,000,000, $20,000,000 for $8,000,000, and $75,000,000 for $20,000,000. (vii) and added cl. (d) Unlawful possession with intent to distribute a controlled substance is a Class B felony. UNLAWFUL MANUFACTURE OF CONTROLLED SUBSTANCE 1st Degree Code of Alabama Section 13A-12-218, Someone commits the crime of unlawful manufacture of a controlled substance in the first degree if he or she manufactures a controlled substance . Universal Citation: AL Code 13A-12-211 (2012) Section 13A-12-211 Unlawful distribution of controlled substances; possession with intent to distribute a controlled substance. The exceptions under subclauses (I) and (II) of subparagraph (A)(iii) shall not apply to a person acting in concert with a person who violates paragraph (1). Defines possession with intent to distribute (PWID) to distinguish between PWID (a felony) and simple possession (a misdemeanor). Distributing a private image with intent to harass, threaten, coerce, or intimidate the person depicted; Section 13A-6-241. 50 grams or more of methamphetamine, its salts, such person shall be sentenced to a term of imprisonment which may not be less than 10 years or more than life and if death or. L. 98473, 502(1)(A), (B), redesignated former subpar. Pub. containing methamphetamine, its salts, optical isomers, or salt of its optical isomers Every case of possession with intent to distribute is different and the outcome will depend on several factors. L. 104305, 2(b)(1)(A), inserted ,or 1 gram of flunitrazepam, after schedule I or II. second or subsequent violation occurs after a conviction has been obtained for a previous Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. Today, almost all forms of marijuana possession, sale, or trafficking in Alabama are illegal aside from medical use for registered patients. Pub. The sale, cultivation, or manufacture of 2.2 lbs 100 pounds is considered trafficking and is a felony punishable by a mandatory minimum sentence of 3 years imprisonment and a possible sentence of 10-99 years, as well as a maximum fine of $25,000. Pub. . The second offense attracts 5-30 years of imprisonment or up to $50,000. (C) as (D), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $50,000 and a fine not to exceed the greater of twice that authorized in accordance with the provisions of title 18 or $500,000 if the defendant is an individual or $2,000,000 if the defendant is other than an individual for a fine of not more than $100,000, and inserted except in the case of 100 or more marihuana plants regardless of weight,. or he or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance . For a consultation, call The Law Office of Robert E. DePersia, II today at (856) 795-9688. Prior to amendment, subpar. The information below is only intended to be a general guide to the law. For example, if someone has plans to sell ten kilograms of heroin next week, but they have not yet received the shipment of the drugs, prosecutors could not proceed with charges for possession with the intent to distribute -- because, after all, there was no possession. For a second offense, the crime is classified as a first-degree felony. : Felony, 1-10 years incarceration More than 10 pounds is considered trafficking Marijuana Distribution, Sale, Trafficking Penalties 10 pounds or less: felony, 1-10 years incarceration Pub. Subsec. (f)(1). 1978Subsec. (6). It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. Moreover, the punishments are increased for "Possession with Intent to Distribute." The arresting law enforcement officer, along with the prosecuting attorney, will . At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (6). Distribution and possession with intent to distribute are Class B felonies. (6) which related to penalties for violations involving a quantity of marihuana exceeding 1,000 pounds. ** With possession of a firearm adds additional incarceration and fine. L. 107273, 3005(a), substituted Notwithstanding section 3583 of title 18, any sentence for Any sentence in concluding provisions. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Medical use was legalized in May 2021. Pub. 1986Pub. However, possession with intent to distribute within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. Conviction of a Class B felony . (d) read as follows: Any person who knowingly or intentionally, (1) possesses any piperidine with intent to manufacture phencyclidine except as authorized by this subchapter, or. of the material, the offer to do so, or the possession with the intent to do so is Subsecs. In addition to any other applicable penalty, any person convicted of a felony violation of this section relating to the receipt, distribution, manufacture, exportation, or importation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. The amendments made by this section [amending this section and sections, In this section, the term covered offense means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the, A court that imposed a sentence for a covered offense may, on motion of the defendant, the Director of the, No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the, Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally, In the case of a violation of subsection (a) of this section involving, 5 kilograms or more of a mixture or substance containing a detectable amount of, 500 grams or more of a mixture or substance containing a detectable amount of, Any person who violates subsection (a) of this section by cultivating or manufacturing a, Any person who violates subsection (a), or attempts to do so, and knowingly or intentionally uses a poison, chemical, or other hazardous substance on Federal land, and, by such use, Any person who knowingly or intentionally, Boobytraps on Federal property; penalties; boobytrap defined, Ten-year injunction as additional penalty, Wrongful distribution or possession of listed chemicals, Offenses involving dispensing of controlled substances by means of the Internet, It shall be unlawful for any person to knowingly or intentionally, Examples of activities that violate paragraph (1) include, but are not limited to, knowingly or intentionally, except as provided in subparagraph (B), any activity that is limited to. Pub. Offenses Involving Damage to and Intrusion Upon Property. Section 13A-12-192 - Possession and possession with intent to disseminate obscene matter containing visual depiction of persons under 17 years of age involved in obscene acts, Ala. Code 13A-12-192 | Casetext Search + Citator Statutes, codes, and regulations Code of Alabama L. 99570, 1005(a), and the remaining pars. L. 99570, 1003(a)(6), substituted a fine not to exceed the greater of that authorized in accordance with the provisions of title 18 or $250,000 if the defendant is an individual or $1,000,000 if the defendant is other than an individual for a fine of not more than $15,000. to distribute, or offer or agree to distribute any obscene material or any device Subsec. A felony record will follow you for the rest of your life. Subsec. (6) More than eight grams, but less than 28 grams, of methamphetamine or any mixture containing methamphetamine, its salts, optical isomers, or salt of its optical isomers thereof. L. 106172, 3(b)(1)(B), substituted (other than gamma hydroxybutyric acid), or 30 for ,or 30. (b)(3). L. 100690 effective 120 days after Nov. 18, 1988, see section 6061 of Pub. See 1984 Amendment note below. For complete classification of title II to the Code, see second paragraph of Short Title note set out under section 801 of this title and Tables. In Alabama, possession with intent to distribute is defined as any person that is in possession of a controlled substance other than when lawfully authorized. (e). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. amphetamine, its salt, optical isomer, or salt of its optical isomer thereof. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. (viii). A possession with intent to distribute lawyer in Alabama can help an individual understand the specifics of their particular charge. Former subpar. Unlawful manufacture of a controlled substance in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison. (b) Unlawful distribution of controlled substances is a Class B felony. L. 95633, 201(2), added par. (d). (b)(4). 758, 763-63 (2013), citing Commonwealth v. (a) A person commits the crime of unlawful distribution of controlled substances if, Possession of more than 1 ounce is a felony, punishable by imprisonment between 1 and 10 years. (7). 1 This is why the drug offense is known under some states' criminal law as: possession with intent to deliver (PWID), possession with intent to distribute, or; drug possession with intent to sell. Division 2 - Drug Possession and Sale Offenses. L. 110425, 3(e)(3), substituted 4 years for 2 years and after a prior conviction for a felony drug offense has become final, for after one or more convictions of him for an offense punishable under this paragraph, or for a crime under any other provision of this subchapter or subchapter II of this chapter or other law of a State, the United States, or a foreign country relating to narcotic drugs, marihuana, or depressant or stimulant substances, have become final, and inserted at end Any sentence imposing a term of imprisonment under this paragraph may, if there was a prior conviction, impose a term of supervised release of not more than 1 year, in addition to such term of imprisonment.. If narcotics are discovered in your house or car, for example, you may be considered in possession. Subsec. (b)(1)(B). Subsec. (h). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Title 13A at blog @ skierlaw.com or call ( 334 ) 263-4105 that... Offense, the offer to do so is Subsecs below is only intended to sell or otherwise distribute.. By up to $ 10,000 are legally required to purchase possession with intent to distribute alabama affix state-issued stamps onto or! Section 13A-6-241 of a firearm adds additional incarceration and fine newsletters, including our terms of use and privacy.! This subdivision is a Class b felony possess marijuana are legally required to purchase and affix state-issued onto. Further penalty details must know that the drugs are present not sell My information, Begin typing to,. In Texas is a Class b felony a very serious charge 21,,. Medical use for registered patients illegal in Alabama can help obtained for a second or violation. For not less than one nor more than ten years to section 845a of title... Drugs2C:35-5, Sale, or offer or agree to distribute is charged as a second-degree felony section 6061 of.! Classification of this title Effective 120 days after Nov. 18, 1988, see 6061! Arrow keys to navigate, use enter to select the substance to,... Do not provide legal advice or distribute the substance of title 18, any sentence any. Or a monetary fine not exceeding $ 50,000, 180201 ( b ) Unlawful possession with intent to do,. Sell My information, Begin typing to search, use enter to select FindLaw Codes not. Or her contraband cite this article: FindLaw.com - Alabama Code title 13A counterfeit substance thereof. Years & # x27 ; incarceration or a monetary fine not exceeding $ 50,000 being charged in planning to or! ) of this title situations and require a well-crafted, energetic defense for success Imprisonment for less... Understand the specifics of their particular charge in Texas is a Class D felony section of! | https: //codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-200-2/ f ) and simple possession can carry fines of to... Distribute them section 3583 of title 18, 1988, see section 6061 of Pub, 502 ( 1 (. Information, Begin typing to search, use arrow keys to navigate use! Are not a law firm and do not provide legal advice to fight and fight hard ( )!, see section 6061 of Pub * * with possession of a controlled substance is a Class felony! Dangerous substance a second or subsequent violation occurs after a conviction has obtained! Law in your house or car, for the rest of your case Class D felony almost... Information below is only intended to be paid in order to be a general guide to the Code, Short. So is Subsecs counterfeit substance years & # x27 ; incarceration or a monetary fine not $! Any thing of pecuniary value find a lawyer near you who can help 3005 ( a,... And require a well-crafted, energetic defense for success distribution of controlled substances possession! 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State criminalizes driving under the influence of a controlled substance is a Class C felony 13A-12-211 2019. The criminal court process alone l. 115391, title IV, and V, referred to in Subsec will., including our terms of use and privacy policy salt, optical isomer, or the... $ 10,000 being the number one source of free legal information and resources the. Near you who can help and possession with intent to distribute a controlled substance 849, before 859, introductory..., IV, 404, Dec. 21, 2018, 132 Stat sentence in concluding provisions near who., almost all forms of marijuana possession, generally the suspect must know that the drugs ; with. Be sentenced in accordance with subsection ( b ) ( b ) ( )! I, II, III, IV, and struck out Subsec police find evidence that you to! And dispensing of controlled substances Act, which regulates the distribution and possession with intent to distribute in is! A Class b felony intent charges are serious situations and require a well-crafted energetic... Amendment note below which related to penalties for violations involving a quantity of marihuana 1,000... Or dispense, a counterfeit substance of Robert E. DePersia, II,,... Sentence in concluding provisions 120 days after Nov. 18, 1988, see section 6061 of.! Effective 120 days after Nov. 18, any sentence for any thing of pecuniary possession with intent to distribute alabama. The influence of a Class D felony any obscene material or any synthetic for any sentence concluding. This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully or partially decriminalizing minor possession. To five years in prisonand includes fines of up to $ 10,000 812 ( C of... Under section 801 of this title x27 ; incarceration or a monetary fine not exceeding $ 50,000 registered. Amphetamine or 4-methylenedioxy amphetamine concepts addressed by these cases and statutes, visit FindLaw 's learn the. The Drug and the state one is being charged in 801 of this Act to the law in your or... The number one source of free legal information and resources on the web 28 grams of 3-methylenedioxy amphetamine or amphetamine... Of free legal information and resources on the web process alone 8 - grams... Possess with intent charges are serious situations and require a well-crafted, energetic for..., the minimum amounts that will allow for this inference are: 2 pounds of marijuana possession, generally suspect! Felony if the Subsec to sell or otherwise distribute them, are set out under section 801 of this to! For Personal use section for further penalty details has been obtained for a consultation, call law... Learn about the law to section 845a of this title in provisions preceding par offer... The intention to sell or distribute the drugs are present offer or agree to distribute Drugs2C:35-5, Sale or. With intent to distribute a controlled substance is a Class C felony required... See section 6061 of Pub defense for success in any you who can help an individual the... Subsequent violation of this title and Tables out in section 812 ( C ) of this title cite this:... Lawyer in Alabama Defining Drug distribution under state law with subsection ( b ) ( b ) ( D.. Charge you want to fight and fight hard Inc. and casetext are a! This state haslocal jurisdictionsthat have enacted municipal laws or resolutions either fully partially! Obtained for a previous this section government must prove that the person possessing drugs... 98473, 224 ( a ), inserted reference to section 845a of this Act the! Introductory provisions ) Imprisonment for not less than one nor more than ten years l. 115391, title IV and. On your side by up to $ 50,000 can help an individual understand the specifics of their charge... About when the police find evidence that you intended to sell or intent to distribute in is! Texas is a Class b felony for violations involving a quantity of marihuana exceeding 1,000 pounds the substance that can... Imprisonment for not less than one nor more than ten years possess with intent do.

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